INTRODUCTION TO LAW QUESTION ONE (a)Define the term ‘law’. (b)Why do we need law? (c)What are the sources of Malaysian law?

INTRODUCTION TO LAW Answer Plan: (a)Address the definition (s) of law from different perspectives or views i.e. from a mere set of rules and many more. (b)Address the reasons why law is needed in a given society or community. Here you can pay attention to the role the law plays in a given society. Make reference to examples such as: to maintain peace and order in the society; to promote social justice; and to settle dispute in an amicable manner. (c)Address briefly the meaning of “sources of law” in the context of the question before looking into the sources of Malaysian law. In addressing the sources of Malaysian law, you can make reference to the written sources, unwritten sources and as well as Islamic law.

INTRODUCTION LAW Answer: (a) ‘Law’ may be defined as set of rules that guides our conduct in society and is enforceable through public agencies. Law is also understood to mean body of enacted or customary rules recognised by a community as binding. Positivists also defined the term ‘law’ from different perspectives e.g. John Austin viewed ‘law’ as a command of the sovereign backed by sanction. In other words, to him, law is a command set by a superior being to an inferior being and enforced by sanctions. As to Prof. Hart, he viewed ‘law’ as a ‘system of rules’. Hans Kelsen viewed ‘law’ as an ought proposition i.e. if you steal, you ‘ought’ to be punished. Natural lawyers also defined the term ‘law’ from different perspectives e.g. law is a ‘rule’ which is in line with nature. See modern natural lawyers argument i.e. Lon Fuller. He viewed ‘law’ as a rule that demands fidelity. This would only be achieved provided certain procedural requirements are fulfilled.

INTRODUCTION TO LAW Answer: (Continuation) (b) We need law in order to: Maintain peace and order in the society- Man is not an Island and thus living together necessarily involves social interaction. That involves the interaction of people in a community knowing what behaviour is acceptable and what is not. Law undoubtedly restrains the exercise of some personal freedom, a sacrifice indispensable to the maintenance of communal harmony. Promote social justice- Law not only serves the community, but is also the product of social interaction. It is a reflection of that society and its political, economic, social and moral values. Settle disputes in an amicable manner- Conflicting interests need resolution in any given society. The sheer pressure of living together leads inevitably to the evolution of customs and practices which then regulate activities of the community. Law is a natural consequence of living together.

INTRODUCTION TO LAW Answer: (Continuation) (b) We need law in order to: Law gives citizens and non-citizens some rights, freedoms or liberties- These rights and freedoms are exercised against the State but coupled with obligations as well towards the State i.e. Art 11(1) of the Federal Constitution of Malaysia gives every person the right to profess and practice his religion and, subject to Clause (4), to propagate it. The aim of law is to maintain justice in society- Justice is an abstract idea of right or wrong, fairness and equality. Therefore, the aim of a given law is to encourage the doing of what is right or just in a particular set of circumstances.

INTRODUCTION TO LAW Answer: (Continuation) (c) First state the meaning of “sources of law ” in the context of the question. “Sources of law” has several meanings i.e. historical sources (factors that have been influential in the development of the law) but by themselves not recognised as law e.g. religious practices and beliefs, local customs and the opinion of the jurists; places where the law can be found; and in most cases the legal rules. The following are the sources of Malaysian law: Written sources/law- the “sources of law” here are mostly written e.g. the Federal Constitution (see Art 4(1) of the Constitution) together with the constitutions of the 13 States; Legislation enacted by Parliament and the State Assemblies; subsidiary or delegated legislation. Unwritten sources/law- the “sources of law” here are mostly unwritten e.g. principles of English law applicable to local circumstances and the rules of equity. (See sec 3 of the Civil Law Act 1956); Judicial decisions of the superior courts (the doctrine of stare decisis/judicial precedent); customs of the local inhabitants which have been accepted as law by the courts. (See in the area of family law) Muslim law- See Art 121(1A) of the Federal Constitution.

INTRODUCTION TO LAW QUESTION TWO (a)What is ‘public law’? Give at least three examples or areas that are considered in law to be part and parcel of public law. (b)What is ‘private law’? Give at least three examples or areas that are considered in law to be part and parcel of private law.

INTRODUCTION TO LAW Answer Plan: (a)Address the meaning given to the phrase ‘public law’. Make reference also to some few examples of the areas in law that are considered to be part and parcel of ‘public law’. (b)Address the meaning given to the phrase ‘private law’. Make reference also to some few examples of the areas in law that are considered to be part and parcel of ‘private law’.

INTRODUCTION TO LAW Answer: (a)“Public law” is defined as a theory of law governing the relationship between individuals and the state. It is also defined as a branch of law that deals with the powers and duties of government/state. Examples of areas of the law that are considered to be public in nature: Constitutional law (deals with the relationship between the state and individual, and the relationships between different branches of the state); criminal law; and administrative law. (b)“Private law” is defined as the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government. Private law is primarily concerned with the rights and duties of individuals towards each other. Examples of areas of the law that are considered to be private in nature: Contract law (agreements that i.e. bilateral or unilateral in nature and are enforceable in a court of law); trust law (where property or money is managed by one person or persons or organisations for the benefit of another but is owned by the trust); and law of tort (is the law of civil wrongs an obligation imposed by law)

INTRODUCTION TO LAW QUESTION THREE Explain briefly the different types of liabilities under the law.

INTRODUCTION TO LAW Answer Plan: Address very briefly the meaning of the term ‘liability’ before explaining the different types of liabilities under the law. Address by way of explanation the different types of liabilities under the law. Conclusion.

INTRODUCTION TO LAW Answer: ‘Liability’ means legal responsibility, the counterpart to legal right. It describes a situation where a person is legally responsible for a breach of an obligation imposed by law. It may arise due to the operation of civil or criminal law. The brief explanation to the different types of liabilities under the law are: Contractual liability-Here the liability arises when there is a breach of a legally enforceable agreement entered into by two persons/parties or more. Contractual liability can even be inform of products liability (which means injuries to consumers and others caused by defective products/goods). Tortuous liability- Here the liability arises when there is a breach of duty imposed by law e.g. breach of duty of care owed by one person to another. Tortuous liability can even take form in the context of vicarious liability (which refers to the idea of one person being liable for the harm caused by another) and as well as strict liability (which refers to a term used to describe liability which is imposed on the defendant without any proof of fault on his part)

INTRODUCTION TO LAW Answer: (Continuation) Criminal liability- Here the liability arises when there is a breach of a rule/law that is viewed or considered amounting to a criminal act or conduct e.g. theft, murder, kidnapping, etc. Criminal liability can even be inform of strict liability offences i.e. where mens rea is not required in the commission of such an offence.

INTRODUCTION TO LAW QUESTION THREE (1)“Living together necessarily involves social interaction in any given community or society and law has a pervasive influence on our lives affecting almost everything that we do”. (Prof. H.L.A. Hart) Based on the above statement, state the reasons why ‘law’ is needed in any given society or community. (2) Explain briefly the different types of liabilities under the law.

INTRODUCTION TO LAW QUESTION THREE Answer Plan: (1) Address the definition of the term ‘law’. Address the reasons. Here you can pay attention to the role the law plays in a given society. Make reference to examples such as: maintain peace and order in the society; to promote social justice; to settle dispute in an amicable manner; etc.  Conclusion. 2. Address very briefly the meaning of the phrase ‘liability’ before explaining the different types of liabilities under the law.  Address by way of explanation very briefly the different types of liabilities under the law. Make reference to liabilities such as: contractual liability; tortuous liability; and criminal liability.  Conclusion.

INTRODUCTION TO LAW QUESTION THREE (1)Answer: Introduction:  ‘Law’ may be defined as set of rules that guides our conduct in society and is enforceable through public agencies. Law is also understood to mean body of enacted or customary rules recognised by a community as binding. Point out also that positivists also defined the term ‘law’ from different perspectives e.g. John Austin viewed ‘law’ as a command of the sovereign backed by sanction. In other words, to him, law is a command set by a superior being to an inferior being and enforced by sanctions. (See also Hart’s definition). Point out that law serves different purposes in any given society or community and the following are some of the purposes that law serves:

INTRODUCTION TO LAW QUESTION THREE (1)Answer: (Continuation) The body  Maintain peace and order in the society- Man is not an Island and thus living together necessarily involves social interaction. That involves the interaction of people in a community knowing what behaviour is acceptable and what is not. Law undoubtedly restrains the exercise of some personal freedom, a sacrifice indispensable to the maintenance of communal harmony.  Promote social justice- Law not only serves the community, but is also the product of social interaction. It is a reflection of that society and its political, economic, social and moral values.  Mechanism of a check and balance while dealing or addressing the three organs of the State. Law addresses the functions and powers of these three organs of the State (i.e. legislative, judicial and executive organs).

INTRODUCTION TO LAW QUESTION THREE (1)Answer: (Continuation) The body  Settle disputes in an amicable manner- Conflicting interests need resolution in any given society. The sheer pressure of living together leads inevitably to the evolution of customs and practices which then regulate activities of the community. Law is a natural consequence of living together. Law gives citizens and non-citizens some rights, freedoms or liberties- These rights and freedoms are exercised against the State but coupled with obligations as well towards the State i.e. Art 11(1) of the Federal Constitution of Malaysia gives every person the right to profess and practice his religion and, subject to Clause (4), to propagate it. The aim of law is to maintain justice in society- Justice is an abstract idea of right or wrong, fairness and equality. Therefore, the aim of a given law is to encourage the doing of what is right or just in a particular set of circumstances.

INTRODUCTION TO LAW QUESTION THREE (2)Answer: Introduction:  ‘Liability’ means legal responsibility, the counterpart to legal right. It describes a situation where a person is legally responsible for a breach of an obligation imposed by law. It may arise due to the operation of civil or criminal law. The brief explanation to the different types of liabilities under the law are: The body:  Contractual liability-Here the liability arises when there is a breach of a legally enforceable agreement entered into by two persons/parties or more. Make use of examples.

INTRODUCTION TO LAW QUESTION THREE (2)Answer: (Continuation) The body:  Tortuous liability- Here the liability arises when there is a breach of duty imposed by law e.g. breach of duty of care owed by one person to another. See the operation of the tort of negligence.  Criminal liability- Here the liability arises when there is a breach of a rule/law that is viewed or considered amounting to a criminal act or conduct e.g. theft, murder, kidnapping, etc.